HB4698 98TH GENERAL ASSEMBLY

LRB098 18438 JLS 53575 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4698

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

815 ILCS 510/2

from Ch. 121 1/2, par. 312

Amends the Uniform Deceptive Trade Practices Act. Includes within the scope of the Act knowingly making a false or misleading statement in a privacy policy published on the Internet or otherwise distributed or published regarding the use of personal information submitted by members of the public.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Uniform Deceptive Trade Practices Act is amended by changing Section 2 as follows:

(815 ILCS 510/2) (from Ch. 121 1/2, par. 312)

Sec. 2. Deceptive trade practices.

(a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, the person:

(1) passes off goods or services as those of another;

(2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with or certification by another;

(4) uses deceptive representations or designations of geographic origin in connection with goods or services;

(5) represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have;

(6) represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(7) represents that goods or services are of a particular standard, quality, or grade or that goods are a particular style or model, if they are of another;

(8) disparages the goods, services, or business of another by false or misleading representation of fact;

(9) advertises goods or services with intent not to sell them as advertised;

(10) advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(11) makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;

(12) engages in any other conduct which similarly creates a likelihood of confusion or misunderstanding; .

(13) knowingly makes a false or misleading statement in a disclosure of practices regarding uses of information collected in connection with a privacy policy, published on the Internet or otherwise distributed or published, regarding the use of personal information submitted by members of the public.

(b) In order to prevail in an action under this Act, a plaintiff need not prove competition between the parties or actual confusion or misunderstanding.

(c) This Section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State.

(Source: P.A. 92-16, eff. 6-28-01)